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Encroachment Removal Agreement No. ERA22-0012 2023-00565803/6/23, 2:00 PM RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY PO BOX 789 POWAY, CA 92074 APN: 273-135-06 Batch 15425524 Confirmation DOC# 2023-0056580 1111111111111111111111111111111111111 lllll lllll lllll 111111111111111111 Mar 06, 2023 01 :38 PM OFFICIAL RECORDS JORDAN Z. MARKS , SAN DIEGO COUNTY RECORDER FEES: $29.00 (S82 Atkins: $0.00) PAGES:6 (THIS SPACE FOR RECORDER'S USE) ENCROACHMENT REMOVAL AGREEMENT NO. ERA22-0012 The CITY OF POWAY (herein called CITY) does hereby give permIssIon to CHRISTOPHER B GREAVES AND CYNTHIA J . GREAVES TRUST, dated August 18, 2000, owners of 17614 Tam O' Shanter Lot 299 of County of San Diego Tract No. 2297 in the City of Poway, County of San Diego, State of California, according to the map thereof No . 4683, filed in the office of the County Recorder of San Diego County, California December 21, 1960, (herein called PERMITTEE(S)), to encroach within the City 's Right-of-Way for the purposes of installing driveway pavers. The limits of said encroachment are as shown on Exhibit A , attached hereto and made a part hereof, and described as follows: the construction, installation, maintenance, repair and as- needed reconstruction of approximately 360 square feet of pavers to be installed within the City's right-of-way. Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by accepting the same, agreeing to the follow ing conditions: 1 . The permission given herein by CITY shall at all times be subject to the right of CITY to operate and maintain, and from time to time to reconstruct, alter, and improve any existing works of the CITY on CITY's right-of-way , without liability for damages to the facilities of PERMITTEE, its heirs, successors or assigns; 2. It is understood that said lands are not owned by CITY, that the permIss1on contained herein relates only to the prior rights of CITY by virtue of its right-of-way in said lands, and nothing contained herein shall be deemed a representation by CITY of the right to grant a right-of-way over said lands or any other rights which are reserved to the owners or other persons ; 3. The CITY will not be liable for any damage to the proposed construction on CITY's right-of-way resulting from future operation of the CITY 's facilities by CITY within the right-of-way; 4. This permission is given for the direct benefit of PERMITTEE's land above described and the covenants herein contained shall run with sa id land, and shall be binding on the assigns and successors of PERMITTEE; https ://gs.secure-recording.com/Batch/Confirmation/15425524 1/2 RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY PO BOX 789 POWAY, CA 92074 APN : 273-135-06 (THIS SPACE FOR RECORDER'S USE) ENCROACHMENT REMOVAL AGREEMENT NO. ERA22-0012 The CITY OF POWAY (herein called CITY) does hereby give permIssIon to CHRISTOPHER B GREAVES AND CYNTHIA J. GREAVES TRUST, dated August 18, 2000, owners of 17614 Tam O' Shanter Lot 299 of County of San Diego Tract No. 2297 in the City of Poway, County of San Diego, State of California, according to the map thereof No. 4683, filed in the office of the County Recorder of San Diego County, California December 21, 1960, (herein called PERMITTEE(S)), to encroach within the City's Right-of-Way for the purposes of installing driveway pavers . The limits of said encroachment are as shown on Exhibit A, attached hereto and made a part hereof, and described as follows: the construction, installation, maintenance, repair and as- needed reconstruction of approximately 360 square feet of pavers to be installed within the City's right-of-way. Said permission is given subject to PERMITTEE, its heirs, successors or assigns, by accepting the same, agreeing to the following conditions : 1. The permission given herein by CITY shall at all times be subject to the right of CITY to operate and maintain, and from time to time to reconstruct, alter, and improve any existing works of the CITY on CITY's right-of-way, without liability for damages to the facilities of PERMITTEE, its heirs, successors or assigns; 2. It is understood that said lands are not owned by CITY, that the permIssIon contained herein relates only to the prior rights of CITY by virtue of its right-of-way in said lands, and nothing contained herein shall be deemed a representation by CITY of the right to grant a right-of-way over said lands or any other rights which are reserved to the owners or other persons; 3. The CITY will not be liable for any damage to the proposed construction on CITY's right-of-way resulting from future operation · of the CITY's facilities by CITY within the right-of-way; 4. This permission is given for the direct benefit of PERMITTEE's land above described and the covenants herein contained shall run with said land, and shall be binding on the assigns and successors of PERMITTEE; 5. Only those utilities or improvements described above are permitted along or across the right-of-way. If other utilities or improvements are proposed, an additional encroachment removal agreement will be required; 6. PERMITTEE shall not unreasonably interfere with the facilities of CITY, or with access by CITY, during construction. PERMITTEE shall establish grades, which, in the opinion of the CITY, will provide easy access across the encroachment after completion; 7. All of CITY's facilities in the right-of-way are to be fully protected in a manner satisfactory to CITY after construction; 8. PERMITTEE, its heirs, successors or assigns, will be responsible for any damage which may occur to CITY's facilities in the right-of-way by reason of the construction, location, or maintenance of PERMITTEE's facilities, and for the cost or any relocation of the facilities installed within the right-of-way by PERMITTEE, its heirs, successors or assigns, should such relocation become necessary by reason of the construction by CITY of additional facilities or appurtenances thereon; 9. CITY, its officers, employees, agents and directors shall not be answerable or accountable in any manner for any loss or damage that may occur to facilities belonging to the PERMITTEE, its heirs, successors or assigns, or any part thereof; for any loss or damage to any of the materials, equipment or other things used or employed in constructing the same; for injury to or death of any person , either workmen or the public, or for damage to property from any cause arising out of PERMITTEE 's use of CITY's right-of-way, or the construction and maintenance of facilities thereon. PERMITTEE, its heirs, successors or assigns, shall be solely responsible for all of the foregoing . PERMITTEE, its heirs, successors or assigns, shall hold harmless, indemnify, and defend CITY, its directors, officers, employees and agents, from all claims, suits or actions of every name, kind and description, including attorneys' fees, brought for, or on account of, injuries to or death of any person or damage to property resulting or alleged to have resulted from PERMITTEE's use, or use by its heirs, successors or assigns, of CITY's right-of-way or the construction and maintenance of facilities thereon; 10. CITY is to be without cost or expense of any kind in connection with this agreement; 11. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and responsibility of the PERMITTEE and successors-in-interest; 12. The PERMITTEE, its heirs, successors or assigns, shall remove or relocate the encroachment, or a portion thereof, upon notification in writing by the City Engineer of the City of Poway, or the City may cause such work to be done at PERMITTEE's sole cost and expense, and the cost thereof shall be a lien upon the land owned by the PERMITTEE, its heirs, successors or assigns; Encroachment Agreement No . ERA22 -0012 Page 3 This agreement is granted pursuant to action taken by the CITY OF POWAY on the I 0 of ft i,1 0 us t , 20 a .. v Property Owners : GREAVES CHRISTOPHER B&CYNTHIA J TRUST dated August 18, 2000 By &-tk td£2Q ld.J T (Uu]+ J_j/_, 0 /Cynthia J.Ycir eaves, Trustee · CITY OF POWAY By ~ -~ City Engineer (Signatures must be notarized.) Approved as to Form : Office of the City Attorney Alaf1:ft:.:he~ day CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this cert ificate verifies only the ident ity of the ind ividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 4M Ill ,: t' 1 .:J 1 2-c l2. before me , Yvonne Mannion Notary Public ,_j Date Here Insert Name and Title of the Officer personally appeared ----~c~L'-1-1 ~O~t ~h~i~"'-~-J.,.._-~{;~i ~r~e.=·· _ti~lJ~e_~.s=.·---------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. •••••••• f YVONNE MANN ION Nat.iry Public • Californi.i % San Di'!O County ~ Commiss ion ii 2363699 - y Comm . Expires Jul 1, 2025 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------OPTTONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of th is form to an unintended document. Description of Attached Document Title or Type of Document: Eeic Cu'.'.l' h /)'.'e r ,2 {!M,o v I Ag / -e e .1U €/l I-N u ·.E ,zA 7 7.. -C 12, Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing : _________ _ Signer Is Representing: _________ _ ©2016 National Notary Association· www.NationalNotary.org • 1-800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to wh ich this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californ ia County of San Diego on August 17 , 2022 before me, ___ Y_v_o_n_n_e_M_a_n_n_io_n_, _N_o_t_a~ry_P_u_b_lic _____ _, Date Here Insert Name and Title of the Officer personally appeared ______ M_e_lo_d_y.__R_o_c_c_o ________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ········1 YVONNE MANNION Notary Public -California 2 San Diego County ~ Comm ission# 2363699 - y Comm. Expires Jul 1, 2C 2 5 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /0/ l-12 ;._r,..L-i,) 62,,\..-1.:" ()<J Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Encroachment Removal Agreement ERA22-0012 Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity{ies) Claimed by Signer{s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~~~~~~ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800 -876-6827) Item #5907 17614 Tam O' Shanter Dr APN: 273-135-06 main residence Property line ; n{fiJI" ! ou1J ri9 10'-0" City's Right of Way face of curb z.::"'"I"· -~...i 36'-Q"-----___.... 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